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Fines and fees
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  • Payment plan policy
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Payment plan policy

We understand that you may be unable to pay outstanding overdue fines in full by the due date. In some circumstances, you may be eligible for a payment plan that gives you more time to pay a fine.

You may apply for a payment plan at any time. If Revenue NSW does not yet manage the fine (such as a fine recently issued by a court), the application may need to be made to the agency that issued the fine.

Once a payment plan is approved, it will usually be in the form of an instalment arrangement, where you are required to pay a set rate at regular intervals (for example, $50 every fortnight). Revenue NSW can also extend the due date for payment.

It is your responsibility to arrange payment by the due dates to prevent further enforcement action. Revenue NSW can provide a direct debit service, or if you are in receipt of a Government benefit, you may be able to pay the instalments as a regular debit from your benefit.

After approval of a payment plan, Revenue NSW will not commence further enforcement action, so long as payments are kept up to date. However, the Sheriff is not required to return any property already seized under a Property Seizure Order, and a Charge on Land created under the Fines Act 1996 may not be cancelled, until the fine is paid.

If an instalment is not paid by the due date, Revenue NSW may cancel the payment plan and the full overdue debt will become due and payable, and further enforcement action may be taken.

You may apply to Revenue NSW to amend a payment plan and Revenue NSW may amend or cancel a current payment plan in certain situations.

Policy

Payment plans - general principles

A payment plan will be allowed only if it is reasonable to do so. There is generally a presumption in favour of approval where an application is made for the first time.

You may be asked to provide further documentation to substantiate an application. A decision to approve a payment plan may take into account any or all of the following:

  • your income
  • your expenditure
  • whether sufficient assets or financial reserves exist to enable payment of a debt without the need to enter into a payment plan;
  • the amount of the debt to be repaid
  • whether a previous payment plan has not been complied with
  • your commitment to pay previous debts (whether or not by a payment plan).

You will be expected to repay your outstanding debt in the shortest time possible.

A payment plan may be subject to conditions such as an up-front payment, a review period or the requirement to provide updated information at a particular date.

A payment plan will be paid in fortnightly instalments unless otherwise agreed by Revenue NSW.

A payment plan may be amended where your financial circumstances change. The new terms may, but not necessarily, be proportionate to the change in your financial circumstances.

A payment plan may be amended to include new overdue fines incurred by you, however this will be at the discretion of Revenue NSW and there may be conditions applied.

Applications

You can apply for a payment plan:

  • over the telephone, or
  • electronically via our on line service or enquiry form, or
  • in writing.

A payment plan may be made over the telephone either in response to your inquiry or as a result of a Revenue NSW officer contacting you directly.

Revenue NSW may require you to provide additional information to support an application (e.g. a centrelink income statement, bank statement etc).

A delegated officer will make a determination whether or not to approve an application. A decision can incorporate:

  • the amounts to be paid for each instalment;
  • the payment frequency;
  • an up-front payment;
  • a review date during the course of the payment plan (to allow an update on your financial position).

Further applications

If a payment plan application is declined, or a payment plan is closed due to non-compliance, you may make a further application.

Normally, an upfront payment will be required before a further payment plan will be approved where there has been previous non-compliance.

Lifting Transport for NSW sanctions

You may apply to lift a suspension of a driver licence or cancellation of a vehicle registration prior to the payment plan being completed. An upfront payment may be required before an application is approved.

A driver licence suspension or vehicle registration cancellation will be lifted automatically after you make six payments on time in accordance with the payment plan, unless you have previously failed to comply with a payment plan for the same fine(s).

Adding further fines to a payment plan

If you request to add new fine(s) to your current payment plan, the payment plan may be rescheduled to include the additional fine(s).

Revenue NSW may impose conditions on the adding of the additional fine(s), including:

  • increasing the instalment amount or frequency of payment;
  • requiring further or updated financial information;
  • requiring an up-front payment;
  • setting a review date during the course of the payment plan (to allow an update on your financial position).

When considering your request to add an additional fine(s) to your payment plan, the number of previous occasions you have applied to have further fine(s) added will be taken into consideration.

Additional fine(s) will not be added to a payment plan where payments are in arrears. The current payment plan will be closed in default and a new application will be required. The new application may be made verbally, electronically or in writing.

Arrears

A time to pay order will be considered to be in arrears if the payment of any scheduled instalment is not made by the due date on the payment plan.

If a payment plan is in arrears, the payment plan may be cancelled and further enforcement action, including the suspension of a diver licence or cancellation of a vehicle registration, applied.

This does not prevent you from making further applications for a payment plan, however your previous payment record will be taken into account when assessing a new application.

Review

Where Revenue NSW refuses your payment plan application, or refuses a payment plan in the terms proposed by you, you may appeal the decision to the Hardship Review Board.

Before a case is referred to the Hardship Review Board, a senior officer employed by Revenue NSW will review the case.

The senior officer may reverse the original decision in favour of you, prior to any referral to the Hardship Review Board.

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